onlyfans we have thrown out? >> what does it take to get kicked out of congress? >> representative perry contacted the white house in the weeks after january 6th to seek a presidential pardon. >> tonight on the eve of an expulsion vote, the santos mascot messier. >> my colleague wants to come up here and call me a crook. same colleague who is accused of being a woman beater. >> and what we just learned about the fbi seizure of another congressman's phone. then, >> i did everything right in the indicted me. >> hours after his latest attack, donald trump's gag to get a new york. and why it's not enough to beat the republican front-runner while supporting another candidate behind closed doors. >> i'm not saying i'm all for nikki haley. i'm from beating donald trump. >> when all in starts, right now. >> good evening from new york. i'm chris hayes. we made it on the precipice of the end of the congressional career of one john george santos. tomorrow the new york republican will face his third expulsion vote in less than a year inoffice. it has to be some kind of record. there have been key developments since the last vote failed at the beginning of the month. remember, it's a two thirds vote. that was ethics deter me committee released a report saying found substantial evidence that santos violated federal law, divided he's own donors, and used campaign donations toenrich himself personally. he spending it on resort, stays luxury goods, tox, in the website onlyfans. that comesin addition to the 23 countedal indictment filed against the congressman in october the charges him with conspiracy, wire fraud, making false statements, falsifying records, credit card fraud, identity theft, and theft of public funds. and even beyond all that, george santos is just an enormous embarrassment to his party and to the institution of congress as he walks the halls of congress people cringing. he's a ludicrous figure wrapped up on her web of ridiculous scandals and lies. >> a local news website is reporting a disabled veteran is calling out congressman george santos, claiming the lawmakers scammed him out of $3,000 for his dying dogs lifesaving surgery. >> nyu goldman sachs and citi group say they have no record of santos despite being listed on his campaign biography. >> santos didn't go to college. did not play for baruch's championship volleyball team, nor did for santos get to knee replacements because of his vaunted volleyball career playing their. >> i always joke his friends in circles even in the campaign and say guys, i'm jew-ish. i was raised catholic. >> there's no evidence that your mother ever worked at the world trade center. at all. >> did you know that congressman george santos also claims he was the target of an assassination attempt which required him being put under official police protection. >> bloomberg reported the george santos bragged to donors in 2021 that he was a producer on the infamous spider-man broadway musical. >> and i do republican congressman george santos was seen leaving a colleagues office carrying a mysterious baby, and when he was asked of the baby was he as he replied, not yet. [laughter] >> okay, there's obviously a lot of evidence to suggest george santos probably shouldn't be a member of the united states congress. but the biggest reason he's facing the real threat of expulsion tomorrow, the third try, is that it is politically expedient for a certain wing of the u of the republican party, the house of qantas, there are five members who want to keep their seats in districts joe biden wants. it would be a good idea them, for all the republicans and moderate districts, to distance themselves from santos. it is a show of independents from the republican party line vote to get rid of them of him, but it doesn't cost him anything. it doesn't crossed on a trump, so it's an easy win. it's important remember the george santos is a member of congress because of donald trump. and of trump base. he had nothing to do with politics before becoming a die ha trump fan. he found grassroots group supporng then-president's reelection campaign, and then after trump and santos lost her 2020 like shuns race sandals claim the elections were stolen attended trump speech on the morning of january 6th and rode the maga train to victory last year and opposed to the republican nominations. he's a trump guy. and of course all the qualities that make that guy, george santos, so embarrassing, are the same ones exhibited by the likely republican presidential nominee, the leader of the republican party, donald trump. the constant compulsive lying, the pathological need for attention no matter how negative, the total disregard for the rule of law, but santos is just one particularly colorful side of the maga wing. congressman jeremy raskin told me he would vote to expel santos this time after previously voting no. how santos compares to the maga king and his defenders. >> the logic for my vote last time was we don't want to set a precedent where people be are being expelled without either criminal conviction in federal or state court or else an ethics finding that they have engaged in serious misconduct that we can judge once we are reading the report. the only argument i can torture out for him now is that all of the lies he told, which he certainly did tell, and the evidence is overwhelming, do not add up to donald trump's big lie, which still a majority the republican caucus stands by. >> it's a good point. 147 republican members of congress voted to overturn the 2020 election. almost all of them are still in office. some of the most active coup plotters, people who labored intensely on behalf of thpl to end american constitutional governance, a plot implicad now into different sorts of criminal charges. to deny the people of this country the right to choose their leader, the most fundamental right, those people remain in that conch caucus. in some ways you wouldn't even recognize some of them. like the sky. we've talked about him before, but this is scott perry of pennsylvania. by many accounts he was one of the most central coup plotters and all of congress. it was perry that introduced donald trump to jeffrey clark. that's the low level official at the department of who supported trump's claim the election was stolen. the january six committee revealed that perry even brought clark to the white house to meet trump in late december, 2020. trump considered firing the attorney general jeff rosen and replace him with clark in order to use the department of justice to steal the election. this was a perry, trump, clark, plot. peru is a focus of the january six investigation, when she must've subpoenaed 88 nord. last summer the fbi seized perry's phone, and jack smith has also sought information from perry since he took over the federal investigation. a new court filing that case harevealed a slew of damning text messages when congressman perry said to jeffrey clark and many others in the trump orbit in the wake of the 2020 election. in the midst of the effort to elevate clark to top of the doj where he could set up that justice doesn't know if thet o ballots are legit, perry texted him, quote, you are the man, i have confirmed it. god does what he does for a reason. between the end of december in january 5th, 2021, congressman perry also texted former doj colleague and embraced a plan to have zan a vice president mike pence, quote, at admit testimony prior to the counting of electoral votes on january six. pre-agreed to tell the idea was a cop to trump, pence and trump advisor john, eastman but pay perry later alert alerted him that -- he will not allow access. yet that guy, scott perry, the cool blotter, remains a member of congress in good standing. in fact, tomorrow he's going to stand inside the house and vote on whether to expel george santos from that body. congressman robert garcia is democrat of california, he submitted the original privilege motion to expel george santos, and he joins me now. i guess my first question to you is, what is different this time around? if it's going to be the third vote even under a year, i've watched some of the debates he will get into, but what difference does the ethics report make? >> i think for a lot of people it makes a big difference. i think it's very clear from the report that it's what the republicans and democrats ask for. the evidence is damning, it's overwhelming. but we know that in the last vote we had some democrats ready to expel, and they united will be ready to expel tomorrow. a good segment of republicans chose to expel. that number has probably doubled. we expect by tomorrow there will be enough votes to expel george santos from the congress. let's remember also the report in detail the large importante tail, dozens of witnesses, thousands of papers and documents, intensive research done by incredible bipartisan staff. and the report was unanimous and bipartisan by every member of that committee. equal democrats and equal republicans. we are ready to expel george santos and, his time is up. >> you have taken a lead on this for much of this year. there's one other members of congress, especially the new york democrat delegate delegates like, torres, and you've been heading this up. why does it matter to you? what is it to you, congressman garcia, whether jury santos is in congress or not? >> look, first, i'm an immigrant. i became a u.s. citizen in my early twenties. when i took the oath of office it meant. something i believe in the constitution in the country, in the privilege of serving the congress. and george santos is completely defiled his oath and goes against everything that i believe this country is about. and chris, a right. donald trump created the mess that we are in. they were not be george santos without donald trump. and liars in congress like donald trump and george santos need to be taken on every single time. you cannot be quiet and sit back and allow these folks to destroy our institutions, to destroy our democracy and make a joke of u.s. congress. it's personally not important to me, it's also the right thing to do. we can't allow these folks to go on lie, and be members of this body. >> george santos said he was gonna devote himself either way to making sure that donald trump did come back into office, connecting himself. take a listen to what he had to say today. >> the future use and those. you just never know. you can do whatever you want next. i'm just gonna do whatever i want. whatever comes my way, i have the desire to stay very much involved in public policy and advocacy for specific issues. we also have an entire presidential campaign coming up in 2024. i think i've made this very clear but i won't rest in till's icy don trump back in the white house. >> he's gonna have a trial he's going to face. i don't think it's going to quite be a wide open book for congressman santos, depending on what happens tomorrow. even if he doesn't get expelled. >> the chances of donald trump and george santos being in prison is highly likely. santos should be focusing on his court case. he's got a huge amount of indictments as we know, very serious criminal indictments. and donald trump does as well. they're both part of the same problem for the extreme maga wing of the republican party. george santos is part of the cancer in congress. i am rallying our members, republican and democrat, to vote to expel him tomorrow. he's probably sitting in court for jail he'll have been having no time to be campaigning for donald trump. >> congressman robert garcia, hammering the trump santos prison pearlite, we'll see what comes of that. we will be watching that vote very closely tomorrow. you sound -- and we will see what happens. tomorrow thank you very much, congressman. >> thank you. >> former federal prosecutor who actually served as senior investigative counsel on the january six committee and he joins me now. the scott perry stuff is fascinating as it was a filing in a federal court that was accidentally posted and taken down, is i understand it, of a bunch of evidence, and it just gives a little more texture to how central it was. but as someone who worked on that committee, how central was scott perry to the plot? >> the committee was focused on him. they had some messages like event to mark meadows for example the committee had evidence that he was in contact with jeffrey clark and involved in the plot to install him at the top of the tog but what we now know that we have direct evidence. less circumstantial, and it's more so much more clear. >> before it was like oh, we heard the perry was the one that introduced. now we've got a text like you're the guy. >> exactly. we had testimony from my former boss, donahue, so he had testimony about a conversation he had but this is his own words. frankly it's because doj has the kind of tools that we didn't have. i've been a professional investigator, it was a professional prosecutors, the latter is where the power. is prosecutors can come and see, 's forcibly, your phone. >> exactly. so it's a whole other level of power and i think jack smith is taking what we started with and going even further and deeper. >> to give a top line here from the political re again on those exchanges, court filing reveals perry's vast contacts in the 2020 election, description a numerous exchanges between perry and top trump officials including clark, mark meadows, i imagine you had on the committee but also senior adviser eric herschmann, director of national intelligence john ratcliffe, a former house colleague of perry. perry does seem in the top three of congressional plotters here, if i understand this right. >> i think that's right. i think with the evidence shows today is that he really wasn't orchestrator. he was not someone who is cheering from the sidelines. he was someone who put himself directly in the middle, and was fully active, from november forward, and was really kora, specially with this plan of perverting the doj and installing someone so they could do trump's bidding. >> that's what's so wild about this. members of congress all along the spectrum and george gordon of the white house staff like mike jackson, we're like we're gonna sign on this, but this specific plot, one of the most dangerous, which really would've been the kind, of light, constitutional crisis moment, it seems like it was maybe perry's brain child. i don't even understand how the dots got commented between jeffrey clark and perry at the white house. but he seems to be the one who is basically constituent element. >> he's directly in the middle, and he's the one that's bringing clark to meadows, really connecting clark to trump. we've seen the messages today. it's here in clark's mercedes to trump himself. i think one example of how core his efforts were, is the fact that he saw a pardon. the very fact that after jaime 60 looked at what he did and saw now that joe biden would be president and you have a doj that would actually enforce the law, and what he thought is, i need protection for when they find out what i did. i think it shows you the kind of culpability he has. >> and yet he has faced essentially no repercussions. i don't think there's any delivery repercussions. there's no criminal repercussions, although he did have his phone seized. although it seems he's not a target of the jacks mitt investigation. he also just blew off a congressional subpoena. you had tried to subpoena him and he said no one got away with it. >> he did. and jack smith has chosen to go the route of a night in just the former president leaving a lot of people under the fold. but i think it shows the american people, this is a multi step process for accountability. if we have the conviction of the former president, that is not staff the process. >> we should note that when you look at the case made in georgia, and perry is not one of the codefendants and that, but there are a bunch of people in that case suggests there are a colorable criminal cases, arguments to be made against people other than donald trump in this entire affair. >> exactly. and remember, to see someone's phone you have to go to a federal judge and find a probable cause, evidence of crimes are on that phone. that's how you get search warrants. they are finding through that are connecting scott perry to criminal conduct. i think this evidence -- and yes there may be political sensitivities about a criminal charge versus, against the sitting member. you look at george santos. he's a sitting member and he has been charged for extensive amount of fraud. but those frauds don't amount to -- part of the country, and that's what scott perry's unborn for involved in. here >> your point there about the federal prosecution of donald trump is not the end all, bill. it's about the end of any possible criminal prosecution of the plot. it's important to only keep that in the back of my head. temidayo aganga-williams, thank you. coming up, it was a plan to design to start a war. remarkable breaking news, new york 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